Legal Opinion

Molino v. County of Putnam

New York Court of Appeals

Decided June 10, 1971PublishedCited by 11 opinions

1Opinion of the CourtGibson, J.

The case before us for decision represents yet another variant from the pattern of negligence actions in which the principle of collateral estoppel has been successfully asserted following prior litigation of one or more of the underlying negligence issues.

The plaintiff administratrix, suing both for the wrongful death and the conscious pain and suffering of her daughter, who died as a result of injuries sustained in a one-car accident, seeks recovery against Putnam County and the defendant Prodoti, charging defendant county with negligent maintenance of the highway and defendant Prodoti with…

2Cases cited5 opinions

  1. Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
  2. Liberty Mutual Insurance v. George Colon & Co.New York Court of Appeals · 1932
  3. Mills v. GabrielNew York Court of Appeals · 1940
  4. Willsey v. StrawwayNew York Supreme Court · 1963
  5. Virginia Smith v. John Wesley Hood and Diplomat Cab Company, Inc.Court of Appeals for the D.C. Circuit · 1968

3Cited by11 opinions

  1. Conley v. SpillersWest Virginia Supreme Court · 1983
  2. James S. Gerrard v. William G. Larsen, Special Administrator of the Estate of Jack K. Gibbens, DeceasedCourt of Appeals for the Eighth Circuit · 1975
  3. Bernstein v. Birch Wathen SchoolAppellate Division of the Supreme Court of the State of New York · 1979
  4. Weiner v. Greyhound Bus Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  5. Chambers v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003

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